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Calcutta High CourtCRM (A)/1229/2023allowed

Rina Biswas v. State Of West Bengal

2023-03-27Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

27.03.2023 Ct. No. 29 CHC Allowed C.R.M.(A) 1229 of 2023 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with Hanskhali Police Station Case No. 136 of 2023 dated 10.02.2023 under Sections 498A/304B/509 and 34 of the Indian Penal Code.

And In the matter of : Rina Biswas ...... petitioner Ms. Mallika Manna ....for the petitioner Mr. Saswata Gopal Mukherji, Ld. P.P.

Mr. Partha Pratim Das, Ms. Eshita Dutta ....for the State The husband is still in custody.

A neighbour of the victim recorded her statement under Section 164 of the Criminal Procedure Code where, she implicates the husband of the victim as a perpetrator. In such circumstances, we grant anticipatory bail to the petitioner.

Accordingly, we direct that in the event of arrest the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 and on further

condition that the petitioner will cooperate with the investigation till its conclusion and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

This application for anticipatory bail is, thus, allowed. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)